Enforcing Rules & Regs

Q: I transferred my home to my revocable trust a few years ago. The Board is trying to fine me for property violations. Can the Board fine me individually when my trust owns the property? Read the Q&A…………..

The president of an embattled strata council at a Surrey condo building defended its use of surveillance cameras to enforce bylaws after residents complained about $40,000 in fines allegedly being issued in a single month. Alin Stana is the president

One of the most important jobs a homeowners association Board has to do is to enforce the rules of the Association. As a Board member it is part of your duty to make sure all the regulations are followed by

How far should a homeowners association go to enforce speeding, traffic violations and reckless driving within their community? What should a Board of Directors do when a homeowner or resident speeds or endangers the safety of others in the association

Love them or not, condo rules are necessary. Many people share ownership of a condo building. Condo rules exist because not everyone conducts themselves in a manner that gives proper consideration to their neighbours. Lack of rules and weak enforcement

Police are suggesting people consider a novel way to handle illegal fireworks in their neighborhoods: Ask their homeowners association to fine their neighbors. Officer Scott Boehm posted on NextDoor that fireworks — banned within San Antonio city limits — are

A notice of a disciplinary hearing is not the best kind of mail to open, but in common interest communities that is how associations compel owners to be good neighbors. How one responds to a hearing notice can greatly affect

Since our enforcement hearing presentation at WSCAI’s Made for Managers Day a couple of weeks ago, we have been getting a lot of feedback on the variety of procedures employed for community association enforcement hearings, generally with the question “is

The ultimate goal in a homeowners association is for everyone to be respectful and live together peacefully. However, it’s hard to accomplish both of these goals when you have members breaking the rules – especially if it’s a board member.

It may come as little surprise that quite a few homeowner association boards fail miserably in rule enforcement, especially in self managed HOAs. Let’s face it, confrontation with neighbors is not something most people look forward to. So when certain

One of the biggest mistakes we see are boards making inconsistent rulings or being very lax with what their CC&Rs say. While it may seem easier to let some things slide, like ignoring people who leave garbage bins in their

A New Jersey Chancery Court was called upon to rule whether the filing of a foreclosure complaint by a condominium association prevents the association from taking other actions to enforce its rules and regulations as they would apply to the

A local woman is being forced to remove a room she added to her home because she didn’t follow her homeowner’s association guidelines. Sheila Eckert, a special education tutor, has lived in her Old Avocado Ranch home in Oceano since

It’s a topic of discussion at every Board meeting – who’s following the rules and who isn’t. People choose to live in community associations because they want to preserve their property values, but if the board and management aren’t enforcing

In a past column, I (briefly) mentioned the concerns about having a business operating out of a residential condominium association. I need to expand on this a bit as it is becoming an issue in more associations. Most older condo

You’ve seen it more times than you can count: rebellious homeowners living on the edge (or over the edge) of the HOA rules. While “rebellious” is probably a strong word in most cases, you are faced with a dilemma either

Florida’s 2nd District Court of Appeal has reversed a lower court’s decision to grant summary judgment in favor of a homeowners’ association. The appeals court ruling follows a July 2016 decision by the 12th Judicial Circuit Court. The circuit court

Residents of a Twin Falls subdivision are considering legal action against developers, saying the covenants, conditions and restrictions meant to regulate the neighborhood’s housing design and upkeep have not been enforced. Julie Davis moved to Settlers Ridge Subdivision in northwest

The staff or volunteers you see occasionally walking around the community with clipboards or tablets are the homeowners association’s covenants enforcement officers. They’re inspecting the property to ensure that everything is working properly, that conditions are safe, and that nothing

As often happens when a community association enforces its covenants and rules and regulations against an owner, the owner responds to the association saying, “The house down the street is in violation with the rules and regulations, too! Why aren’t

Q: This past year we got a new homeowners association manager, and there has been a huge increase in the number of violation letters. Some are for items like patio chairs on walkways, water hoses not coiled in specific areas,

At some point, every community will face conflict and difficult people. When this occurs, remember that patience and communication always prevail. By managing your reactions, listening and asking the right questions, your community and board will come to a resolution.

One Monday morning, I arrived at the office of one of our managed properties, and I was greeted by a visibly upset board president. Steeling myself for what was the source of her dissatisfaction, I asked “what is the matter?”

The dreaded hearing. For whatever reason – maybe legitimate, maybe not – your Board has issued a hearing with your name on it. They want to meet with you over your behavior and they’ve got the power of the Bylaws

Reader Question: Our homeowner’s association has bylaws. The HOA is not proactive in enforcing them and has allowed residents to violate, only addressing the violations if someone files a complaint. This refusal to proactively monitor property conditions puts the complaining

More Content Now Reader Question: Our homeowner’s association (HOA) has bylaws. The HOA is not proactive in enforcing them and has allowed residents to violate, only addressing the violations if someone files a complaint. This refusal to proactively monitoring property

When faced with an enforcement action by a community association, owners often argue the association is selectively enforcing the covenants. Some also argue the association waived its right to enforce because the association knew about the violation for a substantial

You’ve prepared for your hearing and held your hearing – now it’s time for you to decide the outcome. This is the judgment and penalty phase of the hearing process. Unlike the other phases, in this phase, you’re dealing with

Do you think your HOA is picking on you? Well, you’re not alone. Paulla thinks so too. The Phoenix woman’s home is under Kingswood HOA and her battle began two years ago stemming from a paint issue. Her HOA approved

As an HOA manager, you walk a fine line. You need to enforce the rules, but you don’t want to alienate everyone. You need to stay professional, but your role demands friendliness. While it’s your job to point out when

In Part 1 and Part 2 of this series, we learned what it means to live in a common interest community, generally, and what documents are used to establish the community – looking specifically at homeowners association controlled communities (“HOAs”).

In part one of the series, we answered what it means to live in a neighborhood association. Basically, it means that you live in a distinct area and that area, along with each of the property owners within it, are

Once you’ve prepared for a Condo Association hearing, you’ll have done all of the necessary legwork to minimize conflict and maximize the outcome. While preparation makes things easier, you will still need to go through with the hearing itself. These

A Palm Beach resident has filed suit against the town alleging that code enforcement and police officers violated his privacy rights when they entered his condo without permission and fined him nearly $25,000. The suit was filed Jan. 13 by

Laws, community association governing documents and policies are designed to help boards of directors identify their roles and responsibilities. They provide a framework of expectation for community members. And they can be immensely useful in dealing with inappropriate and ill-advised

Q: I live in a condominium complex where there is no enforcement of the house rules. I have noisy neighbors, neighbors with three cars (for their two-person, one-bedroom condo), neighbors who erect anything and everything on the common elements. The

Dealing with difficult people in any setting can be a real challenge. But in volunteer-based homeowner associations, where there is none of the leverage managers have with employees, there is an entirely new level of difficulty. And, believe it or

Hearings are a necessary evil for any large Association. Condo Associations create rules – sometimes lots of them. Generally, a cease and desist deters most Owners from breaking the rules. Every now and then, however, you need to hold a

A common question Owners ask is what to do if a Condo Association rule is being ignored and going unenforced. Understandably, this can cause significant consternation among Owners. Rules are meant to be followed, and if an Association isn’t following

As an owner within an association you should read, understand and comply with your governing documents. If you do not understand the documents, ask your neighbors, your board, or your personal attorney. Failure to understand your association’s governing documents (Bylaws,

The acid test for the board of directors success is do the owners (they elect the board) love living in their association?. Does the owners approval rating of your boards compare to our current approval rating of congress? If so

Ifeveryone followed the Golden Rule (“do unto others…”), homeowners association disciplinary hearings would be rare. Unfortunately, hearings are a necessary, regular, and unpleasant board responsibility. These hearings are governed by Civil Code 5850 and 5855, which establish a simple system.

Now just because a resident is being disruptive doesn’t make it the board’s responsibility to step in immediately and put the kibosh on whatever is going on; there’s a reason that buildings hire property managers, after all.

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